2009 (3) TMI 735

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.... Shri Manish Mohan, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - This application is by a Custom House Agent who has filed the captioned appeal against suspension of the CHA Licence. After examining the records and hearing both sides, we note that the CHA had allowed his licence to be used for certain export consignments, for monetary consideration. The CHA did not compl....

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....(2) of the CHALR 2004, contemplating inquiry against the CHA under Regulation 22. It is submitted by the CHA in this application that, had it been the intent of the Commissioner to take immediate action against the CHA, he would have suspended the licence in June 2007 or immediately thereafter. The suspension was ordered 1½ years later, which indicates that there was no urgency in the matte....

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....years from the incriminating statement given by the CHA's employee. What was stated by the employee was corroborated by the CHA in a statement given in July 2008. As rightly pointed out, the licence could have been suspended in June 2007 or immediately thereafter on the basis of the statement of the CHA's employee. The belatedly suspension order of the Commissioner 'contemplating enquiry' against ....